Allowed

Gangasharan v. State of U.P.

Allahabad HC5 Mar 2019BAIL/2505/2019

Case brief

AI extract

What is this about?

The single-judge court granted bail to Gangasharan, a driver accused under the Electricity Act, relying on Doctrines of Article 21 and the apex court's decision in Dataram Singh. The applicant is released on bond and sureties with specific conditions regarding cooperation, non-tampering, and a deposit.

What did the court decide?

Applicant released on bail with personal bond, two sureties, and a deposit of Rs. 25,000 to the Executive Engineer, U.P. Power Corporation Limited, under specified conditions.

Gangasharan Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2505 of 2019

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Applicant :- Gangasharan Opposite Party :- State Of U.P. Counsel for Applicant :- Adil Khan Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Counter affidavit filed by the learned A.G.A. today in the Court is taken on record.

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Heard Sri Adil Khan, learned counsel for the applicant, Smt. Poonam Singh Sengar, learned AGA for the State and perused the material brought on record.

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The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the applicant is the driver of the vehicle in question and he has no concern with the alleged incident. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 14.11.2018. He has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the prayer.

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Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another , reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.

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Let applicant Gangasharan be released on bail in Case Crime No.743 of 2018, under Section 136, 137 of Electricity Act, Police Station- Hasanpur, District- Amroha (J.P. Nagar) on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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(v) The applicant will deposit Rs.25,000/- in the office of Executive Engineer, Uttar Pradesh Power Corporation Limited, Amroha, within a period of 15 days from his release. The amount so deposited will be refunded if the applicant is absolved of the charges.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 5.3.2019 Dev/-

Gangasharan v. State of U.P.

Case brief

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Gangasharan v. State of U.P.

Case brief

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